Hackney Carriage & Private Hire

Under the Local Government (Miscellaneous Provisions) Act 1976, a Council must satisfy itself that all applicants for Hackney Carriage and Private Hire Licences are "fit and proper persons". The Council therefore requires the applicant to obtain details of their criminal record from the Criminal Records Bureau. The Council is automatically sent a copy of these details.

The Council has considered how it may discharge its legal responsibility and ensure that all drivers and operators are of the required standard and free of relevant convictions.  It has been decided that the following procedure will be adopted for all applicants for Hackney Carriage Drivers' Licences and Private Hire Drivers' and Operators' Licences.

1. The applicant must obtain employment from a Vehicle Licence Proprietor (the prospective employer) who will, after having satisfied himself in all respects as to the applicant's suitability for the job (including health, convictions and knowledge of the area), complete and sign the appropriate section on the reverse of the application form.  If an applicant is intending to work in his or her own vehicle, the Licence cannot be issued until all other procedures have been completed and any other Licences obtained or transferred. NB.  Proprietors countersigning applications are reminded that they remain responsible for the conduct of all drivers and, in certain circumstances, may become jointly responsible for any offences committed by the driver.
2. The applicant must make arrangements to undergo the necessary medical examination.With their own GP or a GP who has access to the applicants Medical Records.  The appropriate form must be provided to the doctor who will then send the necessary certification direct to the Council or give it to the applicant for submission.
3. The applicant must then make an appointment with the Licensing Section to take the Local Knowledge Test and, at the appointment, provide the properly completed Application form, DVLA Driving Licence (both parts in respect of the New Licences, the card and paper Licence), or European Union equivalent, two passport sized colour photographs and the appropriate fee. This is currently £170, of which £60 represents the CRB Access Fee and £32 represents the Knowledge Test fee, which will not be refunded in the event that a Drivers’ Licence is not subsequently issued due to the applicants’ knowledge of the area being insufficient.  In this event, the Licensing Section will offer guidance as to the length of time in which the appropriate level of knowledge may be gained.
4. The applicant must also provide sufficient authority for an application to be made by the Council direct to the Criminal Records Bureau for details of criminal convictions to be released.  No licence may be issued until these details are available.  A form will be provided for this purpose and assistance will be given to ensure that this is properly completed.  Please note that sufficient evidence of identity must be provided at the time of application.  This must include a Passport or Photocard Driving Licence together with as many as possible of:-
5. Original Birth Certificate
6. Paper Driving Licence
7. P45/P60
8. Copy Birth Certificate
9. Marriage Certificate

In addition,5 years worth of address history, including postcodes, proof of  current address must be provided by showing any two recent documents from the following list: -

• Utility Bill
• Credit Card Statement
• Bank Statement
• Mortgage Statement
• Insurance statement

Knowledge Tests

This test is required to ensure that the legal requirement to take a passenger to his destination by the shortest possible route can be complied with.  Questions will be posed by Licensing Officers and will include a selection of routes between various points within Torbay, locations of places of entertainment, refreshment and transport terminals.

Criminal Records Bureau

The applicant will be asked to detail, on the application form, any convictions which have been recorded against them.  By the provisions of the Rehabilitation of Offenders Act 1974 (Exceptions)(Amendment) Order 2002, applications by prospective Hackney Carriage and Private Hire Vehicle Drivers must detail all convictions as the “spent” convictions provisions do not apply to these occupations.  The subsequent checks to the CRB will serve to confirm the information provided.  You must not rely on that check to provide the correct information as any application which does not supply the complete information at the outset may be considered to be incomplete and a view may be taken that a deliberate attempt has been made to conceal convictions which have not been declared.  It is a criminal offence to make a false declaration to obtain a Licence.

Convictions will not necessarily debar an applicant although, if a conviction is revealed which takes the matter outside the Council’s Policy on the Relevance of Convictions, the matter will be referred, in exceptional circumstances, to a Committee of Councillors for a decision before any licence is issued.  The convictions will be taken into account and details provided to the Committee to enable them to consider the matter.  All information received will remain confidential and be securely stored only as long as is necessary.  A copy of the Council’s Policy is printed below.

The above procedure has been set down to ensure consistency of approach and your co-operation is requested in ensuring that these steps are followed in the interests of better administration.

Statement of Policy Regarding Relevant Convictions

When submitting an application for a licence to drive a Hackney Carriage or drive or operate a Private Hire Vehicle, individuals are requested to declare any convictions or cautions they may have.  The information given will be treated in confidence and will only be taken into account in relation to the application in question.  Torbay Council, as Licensing Authority, is empowered in law to check with the Criminal Records Bureau for the existence and content of any criminal record held in the name of an applicant.  Information received will be kept in strict confidence while the application process takes its course and will be retained for no longer than is necessary.  The disclosure of a criminal record or other information will not debar any applicant from obtaining a licence unless the Council considers that the conviction renders him or her unsuitable.  In making this decision, the Council will consider the nature of the offence, how long ago and at what age it was committed and any other factors which may be relevant.

Any applicant refused a Licence on the grounds that he/she is not a fit and proper person to hold such licence has the right of appeal to a Magistrates' Court.

The effect of any particular conviction on a proposed application may be discussed, in confidence, with Licensing Team.

The relevance of particular offences is set below.

General Policy

1. Each case will be decided on its own merits.
2. A person with a current conviction for serious crime need not be permanently barred from obtaining a licence but should be expected to remain free of conviction for 3 to 5 years, according to the circumstances, before an application is entertained.  Some discretion may be appropriate if the offence is isolated and there are mitigating circumstances.  However, the overriding consideration will be the protection of the public.
3. The following examples afford a general guide on the action to be taken where convictions are admitted: -
   • (a)  Minor Traffic Offences
     Convictions for such offences, e.g. obstruction, illegal parking, speeding, etc will not prevent a person from proceeding with an application.  If sufficient points have been accrued to require a period of disqualification of the applicant's driving licence then a Hackney Carriage or Private Hire Licence may be granted after its restoration but a warning will be issued as to future conduct.
   • (b)  Major Traffic Offences
     An isolated conviction for reckless driving or driving without due care and attention, etc will merit a warning as to future driving and advice on the standard expected of Hackney Carriage and Private Hire Drivers.  More than one conviction of this type within the last two years should merit refusal and no further application should be considered until a period of 1 to 3 years free from convictions has elapsed.
   • (c)(i)  Drink Related Offences -  With Motor Vehicle
     A serious view should be taken of convictions of driving or being in charge of a vehicle while under the influence of drink.  An application should not normally be entertained unless at least three years have elapsed since the driving licence was restored.  Should there be a suggestion that the applicant is an alcoholic, a special medical examination should be arranged before any application is entertained.  Should the applicant be found to be an alcoholic, at least five years should elapse, after treatment is completed, before any further application is considered.
   • c(ii)  Drink Related Offences  -  Not in Motor Vehicle
     An isolated conviction for drunkenness need not debar an applicant from gaining a licence.  However, a number of convictions for drunkenness could indicate a medical problem necessitating critical examination (see (i) above).  In some cases, a warning may be sufficient.  
   • (d)  Drugs
     An applicant with a conviction for a drug related offence should be required to show a period of at least five years free of convictions before an application is entertained.
   • (e)  Indecency Offences
     As Hackney Carriage and Private Hire Drivers often carry unaccompanied passengers, applicants with convictions for indecent exposure, indecent assault, importuning or any more serious sexual offences, should be refused until they can show a substantial period (at least 3 to 5 years) free of such offences.  More than one such conviction should preclude conviction for at least 5 years.  In either case, if a licence is granted, a strict warning as to future conduct should be issued.
   • (f)  Violence
     As Hackney Carriage and Private Hire Drivers and Operators maintain close contact with the public, a firm line should be taken with applicants who have convictions for assault, wounding, etc.  At least three to five years free of such convictions should be shown before an application is entertained and even then a strict warning should be administered.
   • (g)  Dishonesty
     Hackney Carriage and Private Hire Drivers are expected to be persons of considerable trust in view of the nature of their work, the responsibility for carrying unaccompanied property and the possibilities of an unscrupulous driver defrauding the more vulnerable members of society.  For these reasons, a serious view will be taken of any conviction involving dishonesty.  In general, a period of 3 to 5 years should be required before entertaining an application.

Application and renewal forms for applying for a Hackney Carriage or Private Hire Drivers Licence’s are available for download or by ringing the Licensing Team.